New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1887-05-25
THE INTER STATE LAW.
The Chairman of the Interstate Com
mission Writes Hanley, Of the
Minnesota & Northwestern.
Important Points Made Apparent, One
Being that the Law Must Be
Vigorously Enforced.
The Commission Has No Power to Per-
manently Suspend the Long and
Short Haul Clause.

WASHINGTON, Special Telegram, May 49,
The interstate commission has authorized
the publication OF, a letter as to the inter
pretaEon of which there cannot be two
opinions The letter is addressed to General
Traffic Manager Hanley, of the Minnesota &
Northwestern road, who had complained by
telegraph that his petition asking for relief
from the operations of the fourth clause OF
the act had not been complied with. and re-
questing that speedy action should be taken
as his road was being greatly injured by the
enforcement of the law Tie letter of the
commission is written evidence that all
roads under like circumstances and the pub
TIC generally may understand the position of
the commissioners with respect to the law.
Inc following is the language Of the COM
missions letter:
First-lt is obvious that the cases the law
contemplates in which the commission is au-
thorlzed to make orders for suspension are ex-
ceptlonal cases. that is to say, cases whose facts
make Them stand apart from ordinary cases. The
act does not define them. It does not state the
grounds that shall warrant relief, but it plainly
intends that these grounds in every case shall be
special and peculiar; that where only general
reasons operate the general law shall be left to
Its ordinary course, however serious NAV be the
consequences in particular cases and to particu-
lar roads and interests.
Second-It is also made plain by the act that
any order for suspension was intended to be
passed upon an Investigation, which should sat
ls1y Inc commission that the case was in fact ex-
ceptional fairly within the intent of the nrovis
lon made for relief. The jurisdiction of the com
mission to make orders is evidently meant to be
somewhat closely restricted The commission, in
us correspondence and otherwise every day Is
maze aware OF the prevalence in some quarters
OF vague notion that power has been conferred
upon 1t to interfere anywhere and for anv rea-
sons satisfactory to itself in order to prevent
What 1t may think likely to be harmful; but YOU
OF course indulge no such baseless notion. The
commission, as you will agree, must find it's au-
thorlty in law and not in its own ideas, right or
policy. -
Third-It must he assumed that congress- in
tended the general law, in it's main features at
least, to be permanent law for the country 1t
must therefore have contemplated that consider
aple sacrlhces would necessarily be submitted
70 by some parties and some interests, while
the general law was being established for yery
OBVIOUS reasons: 1t would be quite impossible to
1ntroduce considerable changes in the branch of
the law which concerns so intimately the COM
MERGE OF the country without serious conse-
quences to some private interests. In all such
cases. incidental INJURIES however great they
may be, must necessarily be borne for the gen
eral good, and if the legislature misjudges as to
what the general good demands it is to be ex-
pected that in due time it will provide remedy
THE FIRST QUESTIONS
to confront the commission upon its organiza-
zion were raised upon applications for relief filed
Dy railroad companies under the fourth section
OF the act. Cases in which companies were
charging more for the shorter than for the longer
maui over the same line in the same direction
were to be met with in all parts of the country.
The reasons for doing this were thought by
MANAGERS In many cases absolutely imper alive,
ana to concern the interest of the public quite
as much as that OF the roads themselves. The
interests involved In the question were very
great. and the anticipation of serious injury
from any sudden change was in some quarters
quite general. The commission, therefore, had
very earnest appeals made to it in support of
corporate applications for relief from boards of
trade and other public bodies, from representa-
tlves OF Large business interests which feared or
progressed to fear destruction or bankruptcy. In
many cases appeals seemed to be made in the
belief that the probability of injury was of itself
suhclent warrant for the commission to inter-
iere, and grant relieving order. 1t it's scarcely
necessary to say to you that any such belief was
Without legal support. The ground for suspen-
sion anywhere Of its ordinary opera
fnr rs WOULD not in fact be made ground
sion such general dispensing power
as would not be consistent with sound princi-
pies of government. Congress has rot intimated
purpose to give such power. If the law in its
general operations were to prove generally and
equally mischievous in all directions, commits
sion, instead OF having greater power for that
reason would on the other hand have no power
OF suspension whatever, for the simple, plain
reason that there would then be no exceptional
cases for it to act upon. Therefore no cases
NOuAu NC 1CltlLSu Nv VuS dCU 10 us JuugmG0Us
but uniform effects were of course as far from
being possible as they were from being contem-
plated. There must and will be exceptional
cases. In the absence of any specification of
these in the act itself the COMMISSION was
oOllged to determine as best it might what cases
were probably in the mind of congress when
EXCEPTIONAL RELIEF
was provided for. It also found itself confronted
with the question whether railroads might de-
termne for themselves, but at their peril,
whether in any particular case the circum-
for III
to Justify create. charge for the shorter haul,
or whether only upon and in view of such differ
ent circumstances and conditions the commits
sion was empowered to act, suspension author
lied by the act was to be ordered after investi-
cation. This was plainly determined by the act
itself The commission, however, deemed it
cation not as complete as it expects to finally
make. This was done in the belief chat no con-
siderable mischief could follow from allowing
the existing conditions Of things to remain for
brief period, whether then suffered to stand or
not, and that harmful results from sudden
change IN the law might thereby to some
careful study of the system which
congress undertook to reform as
would otherwise have been wanting. This
time believed had Important advantages and
still believes will conduce to the lest results in
the end: You speak strongly and earnestly OF
reasons for granting your application, but in
order to warrant it being granted it is not
enough that the application, ii considered by it.
self, appears to have merits. The commission
must consider IN each case what effect giving re-
lief to one applicant will have upon other inter
ests, and your knowledge of railroad matters
must enable you to perceive that in some sec
tlons OF country the granting of one application
may SO affect the interests of other roads as to
create necessity for like RELIEF to several mare;
the satisfaction OF one claim begetting others
equally merltorious, until, if all are satisfied,
the exception becomes the rue; but when such
is the result, the probable reasons for declining